This goes all the way back to Old France

There was a sow in Falaise in northern France that killed a kid in 1386. The town dressed the pig in a bonnet and hanged it after sentencing the pig itself and not its owner

But… maybe that’s just medieval nonsense

I mean I think there’s a similar level of judgement required.

Was the owner negligent in controlling their pig/dog/AI?

Was anyone else negligent along the way?

For example if the pig was just a normal pig, the owner cared for them normally, and there was a freak accident where the pig escaped and happened to kill a kid? Obviously nobody at fault.

If you have a dog with a history of violence and let it walk around off-leash with you around town, and it kills a kid? Absolutely the dog owner was negligent and should be charged.

Did you buy an AI sold to you as secure and the provider implies that it’s in a sandbox? Provider is on the hook for the damage.

And this is where your analogy breaks down, because there are few natural analogues for the sorts of systems we are developing.